Miami Attorneys Win $7.9 Million Med-Mal Verdict in 77-Year-Old's Stroke
ALM Media
Updated
Graciela McCallum lived a full life before she suffered a paralyzing stroke. At 73, she had a fiance, traveled often and was living her dream of running a small florist boutique and interior design shop. But a medical emergency in 2013 derailed the active lifestyle that had been a source of pride and left her requiring 24-hour care.
Her lawyers claimed doctors practicing "assembly line medicine" had taken McCallum off a preventative drug, triggering a debilitating injury five months later. They claimed the error was avoidable, especially since McCallum was under the care of not one, but two, cardiologists.
"She was rocking along pretty well," said her attorney, Gary D. Fox, partner at personal injury law firm Stewart Tilghman Fox Bianchi & Cain. "The shame of this case is she's damaged, not through anything other than medical stupidity and carelessness."
"The verdict is believed to be one of the largest medical malpractice verdicts in Florida history for a senior," her attorneys said.
Her lawyers Fox, Stephen F. Cain and Michael E. Levine of Stewart Tilghman spent more than 18 months litigating the case after filing suit on her behalf in November 2015.
"The stroke just destroyed her life," Fox said. "She can't even brush her teeth."
The complaint in Miami-Dade Circuit Court placed the blame on two doctors cardiac electrophysiologist Peter V. Garcia and interventional cardiologist Jose L. Marquez and their practices Tenet Florida Physician Services LLC and Peter V. Garcia M.D. P.A. It claimed McCallum had successfully managed heart disease for about two decades, living with atrial fibrillation, or AFib an irregular heartbeat that can cause blood clots and strokes.
For 15 years, McCallum had taken a blood thinner called Coumadin. The drug helps prevent strokes by fighting blood clots, but it also puts patients at risk for bleeding. Doctors have to weigh whether the risk of bleeding outweighs the chances of stroke.
McCallum said her physician recommended aspirin as an alternative blood thinner, and instructed her to stop taking Coumadin. She said the change in treatment followed an appointment with Garcia to monitor data from her pacemaker.
Her lawyers said medical records from that visit show two missteps. First, McCallum's pacemaker had recorded several episodes of paroxysmal atrial fibrillation, or intermittent AFib, which typically last for less than 24 hours.
"The long and short of it is that this download showed she was having in excess of 40,000 episodes," Fox said. "It actually showed the last episode was while she was in (Garcia's) office."
"It was a huge mistake to write a report like that because you're saying two contradictory things. She can't have both PAF and 'no further AFib.' It's one or the other," Fox said. McCallum's lawyers said the second doctor, Marquez, was also at fault because he should have spotted the error when he reviewed Garcia's records.
"This was one of those horrible situations where they were just doing assembly line medicine," Fox said. "The problem is doctors know they're not going to be questioned, and that leads to them being sloppy."
Within five months, a blood clot formed in McCallum's heart, traveled to her brain via her jugular, and lodged in the middle cerebral artery, producing a stroke that left her unable to move the left side of her body.
"Even though she had a heart condition, things were good. Five months after Marquez took her off the Coumadin, she had a stroke," Fox said. "Our position was this was entirely predictable."
The jury held both cardiologists accountable in a verdict returned July 3 before Miami-Dade Circuit Judge Jacqueline Hogan Scola. It assigned 76 percent of the liability to Garcia and 24 percent to Marquez, awarding McCallum $694,263 for past medical expenses and $1 million for future care.
Jurors also awarded damages of nearly $1.23 million for past pain and suffering, disability or physical impairment, disfigurement, mental anguish, inconvenience and loss of capacity for the enjoyment of life. They awarded another $5 million for future suffering.
Glenn Falk and Norman Waas of Falk Waas Hernandez Cortina Solomon & Bonner represented Marquez and Tenet Florida Physician Services. Jonathon Lynn of Chimpoulis Hunter & Lynn represented Garcia and his practice. They did not respond to requests for comment by deadline.
Graciela Gomez McCallum v. Jose L. Marquez, M.D., Tenet Florida
Physician Services, LLC, Peter V. Garcia, M.D. and Peter V. Garcia,
M.D., PA.
Case No.: 2015-027176 CA-08
Description: Medical malpractice
Filing date: Nov. 20, 2015
Verdict date: July 3, 2017
Judge: Miami-Dade Circuit Judge Jacqueline Hogan Scola
Plaintiffs attorneys: Gary D. Fox, Stephen F. Cain, Michael E. Levine of Stewart Tilghman Fox Bianchi & Cain
Defense attorneys: Glenn Falk and Norman Waas of Falk, Waas Hernandez Cortina Solomon & Bonner for Jose L. Marquez and Tenet Florida Physician Services LLC; and Jonathon Lynn of Chimpoulis Hunter & Lynn for Peter Garcia and Peter V. Garcia M.D. P.A
